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Patna High Court

Md. Mojahid @ Md. Mojahid Rashidi @ Mazharul HaqueversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order dated 31‑01‑2020 of the Circle Officer is quashed and set aside.

Summary

The petitioner sought a writ to quash the order dated 31‑01‑2020 of the Circle Officer, Nalanda, which rejected his application for creation of Jamabandi over land in Mauza‑Chistiyara. The rejection was based on the alleged absence of rent receipts and lack of revenue documents, despite a prior Title Suit No. 17/1996 where the Sub‑Judge, Biharsharif, had decreed the land to be the petitioner’s personal possession. The State of Bihar appealed that judgment (Title Appeal No. 03/2005) and the appellate court affirmed the original decree. The High Court held that the Circle Officer failed to consider the adjudicated title and acted with malafide error, thereby quashing the impugned order. The Court directed the Circle Officer to re‑examine the case in light of the affirmed judgment and pass a fresh order, and the writ petition was disposed of.

Issues considered

  • Whether the Circle Officer erred in rejecting the petitioner's application for Jamabandi despite the earlier judgment in Title Suit No. 17/1996.
  • Whether the order dated 31‑01‑2020 is liable to be quashed on grounds of error of record and malafide action.

Subjects

  • Jamabandi
  • Land record
  • Title suit
  • Quashing order
  • Civil jurisdiction
  • Malafide
  • Property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13506 of 2021
                 ======================================================
                 Md. Mojahid @ Md. Mojahid Rashidi @ Md. Mazharul Haque, Son of Late
                 Hafiz Abdul Rashid, Resident of Mohalla- Shekhana, Town Biharsharif, P.S.
                 Bihar, Dist- Nalanda.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary, Land Reforms and Revenue
                 Department, Govt. of Bihar, Patna.
           2.    The Collector-cum-District Magistrate, Nalanda.
           3.    The Circle Officer, Biharsharif, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sunil Kumar Singh, Advocate.
                 For the Respondent/s   :      Mr.Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   08-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned counsel for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                              “That this is an application for issuance of an
                                  appropriate writ, order or direction for quashing the order
                                  dated 31.01.2020 passed by the Circle Officer, Bihar Sharif,
                                  Nalanda (Respondent-3) in Misc. Case No. 03/2019-20.
                                  Whereby whereunder he has rejected the application dated
                                  15.02.2019 filed by the petitioner before him for creating
                                  Jamabandi in the name of the petitioner for Chistiyara
                                  Hariya Pokhar bearing Khata No. 310, Khesra No. 575,
                                  Area 1.33 Acres, Khesra No. 564, Area 06 Dec. situated at
                                  Mauza - Chistiyara, Thana No. 117 in the District of
                                  Nalanda in the light of judgment and decree dated
                                  14.12.2004/23.12.2004 passed by the learned Sub Judge
                                  -VII, Bihar Sharif, Nalanda in T.S. No. 17/1996 as well as
                                  Judgment dated 26.09.2011 passed by the Learned
                                  Additional District Judge, Fast Track Court No. 01,
                                  Nalanda at Biharsharif in T.A. No. 03/2005 by which the
Patna High Court CWJC No.13506 of 2021(6) dt.08-01-2026
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                          disputed property/tank is declared personal possessed
                          property of the petitioner's ancestor to which Bihar Govt.
                          and Municipality have no right. The order of rejection is
                          passed mainly on the ground that rent receipt was never
                          granted to the ancestor of the petitioner and the petitioner
                          has also failed to produce any revenue documents.
                                       And for any other relief/s for which the
                          petitioner is entitled in the facts and circumstance of the
                          case.”

                       3. The dispute relates to a land appertaining to Khata

          No. 310, Khesra No. 575 and Area 1.33 acres and Khata No.

          310, Khesra No. 564, Area 06 Decimal situated at Mauza –

          Chistiyara, Thana No. 117 in the District of Nalanda. The Circle

          Officer vide order dated 31.01.2020 refused to create Jamabandi

          in the name of the petitioner by rejecting his application filed on

          15.02.2019. On perusal of the order impugned, it appears that

          in respect of the above piece of land described, the State was

          party to the Title Suit No. 17/1996 in which judgment and

          decree was passed in favour of the petitioner by learned Sub

          Judge-VII, Biharsharif, Nalanda. The State being aggrieved

          filed Title Appeal No. 03/2005 against the said judgment passed

          in Title Suit No. 17/1996. The appellate court having found no

          illegality      in      the      judgment       and      decree      dated

          14.12.2004/23.12.2004 passed in Title Suit No. 17/1996

          affirmed the said order vide order dated 26.09.2011.

                       4. That being the case, the Circle Officer having not

          noticed above admitted facts has rejected the application of the
          Patna High Court CWJC No.13506 of 2021(6) dt.08-01-2026
                                                     3/3




                    petitioner vide order dated 31.01.2020 passed in Misc. Case No.

                    03/2019-20 is not only error of record, at the same time, it is

                    vested with malafide is hereby quashed and set aside.

                                5. The Circle Officer is directed to peruse the

                    judgment and decree passed in Title Suit No. 17/1996 and pass

                    fresh order after giving due opportunity to the petitioner in

                    accordance with law and giving due regard that already the

                    possessory right and the title of the petitioner has been decided

                    by a competent civil court having jurisdiction.

                                6. The writ petition, accordingly, stands disposed of.



                                                        (Purnendu Singh, J)
mantreshwar/-

U


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